Florida Senate - 2017                                     SB 766
       
       
        
       By Senator Rodriguez
       
       37-00909-17                                            2017766__
    1                        A bill to be entitled                      
    2         An act relating to payment card offenses; amending s.
    3         817.625, F.S.; revising definitions; revising
    4         terminology; prohibiting the possession of a scanning
    5         device with intent to defraud; providing criminal
    6         penalties; specifying prima facie evidence of intent
    7         to defraud; reenacting ss. 525.07(10)(c) and
    8         921.0022(3)(d), F.S., relating to the definition of
    9         the term “scanning device” and level 4 of the offense
   10         severity ranking chart, respectively, to incorporate
   11         the amendment made to s. 817.625, F.S., in references
   12         thereto; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 817.625, Florida Statutes, is amended to
   17  read:
   18         817.625 Use of scanning device or reencoder to defraud;
   19  possession of scanning device; penalties.—
   20         (1) As used in this section, the term:
   21         (a) “Scanning device” means a scanner, reader, or any other
   22  electronic device that may be is used to access, read, scan,
   23  obtain, memorize, or store, temporarily or permanently,
   24  information encoded on the computer chip, magnetic strip or
   25  stripe, or other storage mechanism of a payment card, or from
   26  another device that directly reads the information from the
   27  card.
   28         (b) “Reencoder” means an electronic device that places
   29  encoded information from the computer chip, magnetic strip or
   30  stripe, or other storage mechanism of a payment card onto the
   31  computer chip, magnetic strip or stripe, or other storage
   32  mechanism of a different payment card.
   33         (c) “Payment card” means a credit card, charge card, debit
   34  card, or any other card that is issued to an authorized card
   35  user and that allows the user to obtain, purchase, or receive
   36  goods, services, money, or anything else of value from a
   37  merchant.
   38         (d) “Merchant” means a person who receives from an
   39  authorized user of a payment card, or someone the person
   40  believes to be an authorized user, a payment card or information
   41  from a payment card, or what the person believes to be a payment
   42  card or information from a payment card, as the instrument for
   43  obtaining, purchasing, or receiving goods, services, money, or
   44  anything else of value from the person.
   45         (2)(a) It is a felony of the third degree, punishable as
   46  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
   47  to use:
   48         1. A scanning device to access, read, obtain, memorize, or
   49  store, temporarily or permanently, information encoded on the
   50  computer chip, magnetic strip or stripe, or other storage
   51  mechanism of a payment card without the permission of the
   52  authorized user of the payment card and with the intent to
   53  defraud the authorized user, the issuer of the authorized user’s
   54  payment card, or a merchant.
   55         2. A reencoder to place information encoded on the computer
   56  chip, magnetic strip or stripe, or other storage mechanism of a
   57  payment card onto the computer chip, magnetic strip or stripe,
   58  or other storage mechanism of a different card without the
   59  permission of the authorized user of the card from which the
   60  information is being reencoded and with the intent to defraud
   61  the authorized user, the issuer of the authorized user’s payment
   62  card, or a merchant.
   63         (b) Any person who violates subparagraph (a)1. or
   64  subparagraph (a)2. a second or subsequent time commits a felony
   65  of the second degree, punishable as provided in s. 775.082, s.
   66  775.083, or s. 775.084.
   67         (3)(a)A person who possesses, sells, or delivers a
   68  scanning device knowingly and with the intent to defraud an
   69  authorized user of a payment card, the issuer of a payment card,
   70  or a merchant commits a felony of the third degree, punishable
   71  as provided in s. 775.082, s. 775.083, or s. 775.084.
   72         (b)1.For the purposes of this subsection, it shall be
   73  prima facie evidence of knowledge and intent to defraud if the
   74  person possessing the scanning device is not:
   75         a.A law enforcement officer, an authorized representative
   76  of a law enforcement officer, an officer of the Department of
   77  Agriculture and Consumer Services, a state attorney, a financial
   78  security investigator employed by a merchant or financial
   79  institution, or an authorized vendor to any of the
   80  aforementioned authorized investigative agencies.
   81         b.A person lawfully reporting the scanning device to a law
   82  enforcement officer, an officer of the Department of Agriculture
   83  and Consumer Services, a state attorney, a financial security
   84  investigator employed by a merchant or financial institution, or
   85  an authorized vendor to any of the aforementioned authorized
   86  investigative agencies.
   87         2.Once prima facie evidence of knowledge and the intent to
   88  defraud has been established, no additional identification of
   89  payment card data, payment card users, payment card issuers, or
   90  payment card merchants is required.
   91         (4)(c) Any person who violates subparagraph (2)(a)1., (a)1.
   92  or subparagraph (2)(a)2., or subsection (3) (a)2. shall also be
   93  subject to the provisions of ss. 932.701-932.7062.
   94         Section 2. For the purpose of incorporating the amendment
   95  made by this act to section 817.625, Florida Statutes, in a
   96  reference thereto, paragraph (c) of subsection (10) of section
   97  525.07, Florida Statutes, is reenacted to read:
   98         525.07 Powers and duties of department; inspections;
   99  unlawful acts.—
  100         (10)
  101         (c) For purposes of this subsection, the terms “scanning
  102  device” and “payment card” have the same meanings as defined in
  103  s. 817.625.
  104         Section 3. For the purpose of incorporating the amendment
  105  made by this act to section 817.625, Florida Statutes, in a
  106  reference thereto, paragraph (d) of subsection (3) of section
  107  921.0022, Florida Statutes, is reenacted to read:
  108         921.0022 Criminal Punishment Code; offense severity ranking
  109  chart.—
  110         (3) OFFENSE SEVERITY RANKING CHART
  111         (d) LEVEL 4
  112  
  113  FloridaStatute              FelonyDegree        Description        
  114  316.1935(3)(a)                   2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  115  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  116  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  117  517.07(1)                        3rd     Failure to register securities.
  118  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  119  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  120  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  121  784.075                          3rd     Battery on detention or commitment facility staff.
  122  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  123  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  124  784.081(3)                       3rd     Battery on specified official or employee.
  125  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  126  784.083(3)                       3rd     Battery on code inspector.
  127  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  128  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  129  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  130  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  131  787.07                           3rd     Human smuggling.          
  132  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  133  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  134  790.115(2)(c)                    3rd     Possessing firearm on school property.
  135  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  136  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  137  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  138  810.06                           3rd     Burglary; possession of tools.
  139  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  140  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  141  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  142  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  143  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  144  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  145  817.625(2)(a)                    3rd     Fraudulent use of scanning device or reencoder.
  146  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  147  837.02(1)                        3rd     Perjury in official proceedings.
  148  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  149  838.022                          3rd     Official misconduct.      
  150  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  151  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  152  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  153  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  154  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  155  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  156  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  157  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  158  914.14(2)                        3rd     Witnesses accepting bribes.
  159  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  160  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  161  918.12                           3rd     Tampering with jurors.    
  162  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  163         Section 4. This act shall take effect July 1, 2017.